Terms & Conditions

Access to and use of this website ‘www.hallmark.co.uk’ and related subdomains (the “Website”) is provided by Hallmark Cards plc and its group companies (“Hallmark”, “we”, “us”, “our”) subject to the following Terms of Use. Before you enter the Site or use any of the Hallmark services, it is important that you carefully review the Terms. These Terms, together with the Privacy Policy and the Terms of Sale form the entire agreement between us.

By using the Website you agree to be legally bound by these Terms of Use, which shall take effect immediately on your first use of the Website. If you do not agree to be legally bound by all the following Terms of Use please do not access and/or use the Website. Hallmark may change these Terms of Use at any time by updating the relevant pages. Please review these Terms of Use regularly to ensure you are aware of and are happy with any changes made by Hallmark. Your continued use of the Website after changes are posted means you agree to be legally bound by these Terms of Use as updated and/or amended. Certain services made available to you on or via the Website may also be subject to specific additional terms and conditions which will be notified to you when you access the relevant parts of the Website.

Information about us

Hallmark.co.uk is operated by Hallmark Cards plc, a company registered in England and Wales under registration number 03414540 and our address is Hallmark House, Bingley Road, Bradford, West Yorkshire BD9 6SD. If you have any questions, complaints or comments about this Website or wish to contact Customer Services then you may contact us at help@hallmark.co.uk or on 0800 90 20 900 ( UK) 012 480 104 (ROI)

Services

Services offered on the Website may include competitions and Ecards (“Services”). You may need to register with us in order to benefit from some of the Services and to place orders. Further details are available on the pages of the Website relevant to these Services. Once registered, you will become a member of the site (“Site Member”).

Use of the Website

We have made this Website available to you for your own personal non-commercial use. It is designed to be used with the following browsers: IE9 upwards, Mozilla Firefox 14, Google Chrome 20, Safari 5.

By using this Website, you confirm to us that you are aged 18 or over, or, if you are under 18, that you have obtained consent from your parents or guardians who have read these Terms of Use. If you are under 18 and have not obtained consent from your parents or guardians, please stop using this Website.

We may modify, withdraw or deny access to the Website at any time.

The Services are only available to you if you submit certain requested information to Hallmark, including (but not limited to) your name and a valid email address.

When you access the Website and/or use the Service, you acknowledge and agree that all content (whether private or public) that is uploaded on the Website is the sole responsibility of the person who submitted it. Moreover, you understand that by viewing the Website, you may be exposed to content you may consider offensive and you take sole responsibility for such exposure. You also acknowledge that neither Hallmark.co.uk guarantees in any way the accuracy, quality or appropriateness of content available on the Website. In no event shall either Hallmark.co.uk (including their respective officers, directors, employees, affiliates and agents) be liable for claims of any nature, whether direct or indirect, arising from or related to any content made available on or through the Website including (without limitation) errors or omissions in such content and loss or damage incurred as a result of such use of such content.

You agree to use the Website only for lawful purposes, and in a way that does not infringe the rights of or restrict or inhibit anyone else’s use and enjoyment of the Website. You also agree that in using the Website you will not:

use it in any way that may lead to the encouragement, procurement or carrying out of any criminal activity;

use the Website for any purpose other than your personal use;

email, transmit or otherwise disseminate any content which is defamatory, obscene, in breach of copyright, vulgar or indecent or may have the effect of being harassing; threatening, abusive, offensive, distressing or hateful or that otherwise degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability or any other basis;

advertise or promote third party or your own products or services including by way of the distribution of ‘spam’ email;

transfer files that contain viruses, Trojans or other harmful programs, code or content which may compromise the Website or the Services;

access or attempt to access the accounts of other users or to penetrate or attempt to penetrate the Website security measures or disrupt the normal flow of dialogue on the Website; and

email, transmit or otherwise disseminate any content including any content provided to us in order for us to provide goods and/or services to you which infringes the intellectual property rights of any other person including without limitation any copyright or trade mark (whether registered or unregistered).

Please be aware that we may review, delete, move and edit content uploaded onto the Website for any reason at any time without notice and may suspend, restrict or terminate your access to the Services offered on this Website at any time without notice at our discretion.

You confirm to us that:

all information and details provided by you to us (including on registration) are true, accurate and up to date in all respects and at all times (note that you can update or correct your personal details at any time by amending your account details) and

You undertake to comply with the restrictions on your use of the Website as set out in paragraph 7 and as set out elsewhere in these Terms of Use.

You agree to fully compensate Hallmark and Hallmark Group companies from any claim or damages (including any legal fees in relation to such claim or damages) in respect of any matter in relation to or arising from your use of the Website including any breach or suspected breach of these Terms of Use or your violation of any law or the rights of a third party.

Disclaimers and Limitation of Liability

These Terms of Use do not exclude our liability (if any) to you for:

1.1 personal injury or death resulting from our negligence;

1.2 fraud or fraudulent misrepresentation;

1.3 any matter for which it would be illegal for us to exclude or attempt to exclude our liability.

Subject to the above:

2.1 we accept no liability for any damage or loss that occur during any use of or inability to use our products or services or use of this Website where such damage, loss or injury is not reasonably foreseeable to you and us when you enter into this agreement;

2.2 we accept no liability for any Website content uploaded by other users or made available to you through the Services or for unauthorised access to or alterations of your transmissions by third parties;

2.3 we accept no liability in any circumstances for any business losses that you may incur, including but not limited to lost data, loss of income or revenue, loss of business, loss of anticipated savings, lost profits, waste of management or office time or business interruptions; and

2.4 our total liability to you for any loss or damage arising in connection with this agreement shall be limited in respect of each claim to the total price of the products or services that you purchase in any one calendar year.

Subject to the exclusions above, we will not be responsible for any damage or loss caused to you where you are not entering into this agreement as a consumer.

We do not guarantee that this Website will be compatible with all or any hardware and software which you may use. We do not guarantee that the use of this Website will not cause damage to any property, including but not limited to loss of data or computer virus infection. We accept no liability for viruses and you are advised to take all appropriate safeguards before downloading information or images from the Website. We do not guarantee that this Website will be available all the time or at any specific time and we reserve the right to withdraw or modify this Website at any time.

Whilst we use all reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to our attention, we do not warrant that the information on the Website itself will be free from errors or omissions.

Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control. In such circumstances, we will use reasonable endeavours to fix such system failure or expedite such maintenance or repair.

Intellectual Property

This Website and all of its contents including, without limitation, all texts, software, software source code, trademarks, copyright, logos, designs, images, photographs, audio visual materials, written materials and any other form of material and/or intellectual property rights (“Website Content”) is owned by us or licensed to us by third parties. Any rights or licences of the Website Content not expressly granted by these Terms of Use are reserved.

Except as set out in these Terms of Use your use of the Website Content without written permission of the Website Content owner is strictly prohibited. You may print off one copy, and may download extracts, of any page of this Website for non commercial, personal use provided that:

You do not modify, distribute, transmit, display, reproduce, create derivative works from, sell, licence or otherwise use the Website Content without our written permission.

No graphics are used separately from accompanying text; our copyright and trademark notices appear in all copies and you acknowledge this Website as a source of the material; and the person to whom you are providing these materials are made aware of these restrictions.

You may not use, transfer, copy or reproduce any part of the Website Content, this Website or its source HTML code in whole or in part, in any form or by any means, electronic, mechanical or otherwise, except for the sole purpose of viewing its content. This includes electronic reproduction by uploading or downloading.

You must not use the Website for any purpose or in any way that it prohibited by these Terms of Use or is otherwise unlawful.

We monitor the market for infringements of our intellectual property rights and reserve the right to take any action we deem appropriate to protect our rights.

Contributions to the Website

Where you are invited to submit any contribution to the Website (including, without limitation, any text, graphics, video or audio) you agree, by submitting your contribution, to grant Hallmark and Hallmark Group companies free of charge a revocable, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, in accordance with privacy restrictions set out in Hallmark’s Privacy Policy. If you do not want to grant to Hallmark the rights set out above, please do not submit your contribution to the Website. Hallmark does not endorse any contribution uploaded to the Website. Whilst Hallmark aims to respond to all contributions to the Website, there are times when this may not be possible. If you have any queries regarding your contribution, please contact us at help@hallmark.co.uk

Further to the previous paragraph, by submitting your contribution to the Website, you confirm to us that your contribution:

is your own original work and that you have the right to make it available to Hallmark for all the purposes specified above and have obtained all necessary licences and/or approvals;

is accurate (where it states facts) and genuinely held (where it states opinions);

is not defamatory, obscene, in breach of copyright, vulgar or indecent or may have the effect of being harassing, threatening, abusive, offensive, distressing or hateful or otherwise degrading or intimidating to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability or any other reason; and

does not infringe any law.

You agree that you will fully compensate Hallmark against all legal fees, claims, damages and other expenses that may be brought against or incurred by Hallmark in relation to your breach or suspected breach of the above warranties.

You agree to waive any moral rights in your contribution for the purposes of the submission of your contribution to and publication on the Website and the purposes specified above.

Links to and from other Websites.

We may provide links to other websites from time to time (via advertising or otherwise). Links contained in the Website will lead to other websites not under our control, and we accept no liability for the content of any linked website or any link contained in a linked website. The use of third party websites is entirely at your own risk. These links are provided for your ease of reference and convenience only and the inclusion of any link does not imply reliability and endorsement by us of the content of any third party’s website. You should read the terms and conditions of those websites before using them and direct any questions or comments about the linked website’s contents to the relevant website provider.

You acknowledge that we will not be party to any transaction or contract with a third party that you may enter into and we shall not be liable to you in respect of any loss or damage which you may suffer by using those websites. You agree that you will not involve us in any dispute between you and the third party.

You may not link to our Website using an I frame or similar technique without our prior written consent.

You may establish links to the Website provided: (a) You do not remove or obscure anything on the Website including advertisements, the copyright notice or other notices on the Website; (b) You do not link in a way that is defamatory or misrepresents Hallmark in any way or offers services or products that we do not provide; (c) You give us 28 days’ notice of such link by sending an e-mail message to us at help@hallmark.co.uk which we will approve prior to the link being posted, and (d) You immediately stop providing links to the Website if notified by Us.

Confidentiality

Other than personal data the use of which is covered by our Privacy Policy, any material you transmit to or post on the Website will be considered non-confidential and non-proprietary and we shall not be subject to any restrictions or obligations with regard to it.

General

You must read our Privacy Policy which contains important information about the use of your personal data and other information regarding your privacy and our security processes and policies.

If any of these Terms of Use are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms of Use are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms of Use and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable unless Hallmark in its absolute discretion decides to terminate the agreement as a result of such severance.

These Terms of Use shall be governed by and interpreted in accordance with the laws of England and Wales and you agree to submit to the jurisdiction of the English courts (and if you are an individual consumer, the court nearest to where you are based in the UK) in relation to any matter or dispute arising out of or in connection with your use of this Website.

These Terms of Use constitute the entire agreement between you and Hallmark and govern your use of the Website and the Services, superseding any prior agreements between you and Hallmark. In the case of inconsistencies between these Terms of Use and information included in off-line materials and elsewhere on the Website, (e.g., promotional materials and mailers), these Terms of Use will always prevail. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.

From time to time, Hallmark may run competitions and promotions. Promotions are available to all UK residents. Unless specified, promotions exclude luxury personalised card, cannot be used in conjunction with multi-buy discounts, require a voucher code to be entered at the basket check out, are only redeemable once per account and postage is chargeable at normal rates. Hallmark reserves the right to withdraw competitions and promotions at any time.

The failure of Hallmark to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.